Section 394 Determination of cases in which requirement for Christian collective worship is not to apply.

The council constituted by a F1local authority under section 390 shall, on an application made by the head teacher of—

consider whether it is appropriate for the requirement imposed by F4paragraph 3(2) of Schedule 20 to the School Standards and Framework Act 1998 (requirement for Christian collective worship) to apply in the case of the school or in the case of any class or description of pupils at the school.

In determining whether it is appropriate for that requirement to apply as mentioned in subsection (1), the council shall have regard to any circumstances relating to the family backgrounds of the pupils at the school, or of the pupils of the particular class or description in question, which are relevant for determining the character of the collective worship appropriate in their case.

The council shall give the head teacher written notification of their decision on the application.

Where the council determine that it is not appropriate for the requirement to apply as mentioned in subsection (1), the determination shall take effect for the purposes of F5paragraph 4 of Schedule 20 to the School Standards and Framework Act 1998 (disapplication of requirement for Christian collective worship) on such date as may be specified in the notification of the council’s decision under subsection (3).

Before making an application under subsection (1), the head teacher of a school shall consult the governing body.

On being consulted by the head teacher, the governing body may if they think fit take such steps as they consider appropriate for consulting all persons appearing to them to be parents of registered pupils at the school.

An application under subsection (1) shall be made in such manner and form as the council may require.

Where an application is made under subsection (1)(a) in respect of F6a community school which becomes a foundation school F7(by virtue of the relevant enactments) before the application is determined, it shall, unless withdrawn by the head teacher, continue as if made under subsection (1)(b).

In subsection (8) “the relevant enactments” means—